Defining the Ways to Get Divorced

Divorce is challenging, not just emotionally but legally. The laws and practices for divorce vary by state and make it nearly impossible for lay people to comprehend what is involved. Add to that a very emotional time with an uncommon vocabulary used primarily during legal cases and the process becomes overwhelming and intimidating.

Divorcing individuals should begin by understanding common types of divorce:

In Uncontested Divorce, a divorcing couple makes agreements and presents them in writing to the courts for approval. This is most commonly used in relatively short where the parties are able to reach agreement.

Default Divorce may occur when one spouse fails to file a response to a written divorce petition. It can also be filed if the person cannot locate his or her spouse.

Collaborative Divorce remains one of the gentlest ways to become legally divorced. Parties, in partnership with their attorneys, resolve conflicts respectfully and are committed to doing so without court intervention. Since Collaborative Practice employs specially-trained attorneys, the process can proceed smoothly and everyone can feel secure that all the legal issues are resolved. Find out more about Collaborative Divorce.

Contested Divorce remains complicated and challenging. The couple cannot agree how to handle finances, child related issues and support and other important decisions. Each partner hires a lawyer and the issues are litigated in the courts.

Arbitration is a legally binding procedure in which a third party “go-between” reviews the cases of divorcing spouses and makes judgments in accordance with laws and rules governing divorce. The arbitrator renders a binding agreement that spouses must uphold sometimes without possible appeal.

Mediation is a voluntary process in which divorcing couples work with a neutral third-party to create a workable separation agreement. Being voluntary, if one spouse chooses to quit, the other has no recourse and mediation is terminated.

Divorce Decree (Decree of Dissolution, Judgment of Divorce) is the court’s final judgment regarding contact schedules and time sharing of your children, property distribution, child custody and support, and other financial issues. The date of the decree is the legal divorce date. One is able to remarry after this is completed.

No matter which type of divorce seems to make sense for your situation, find a qualified attorney who will help sort out the jumble of laws, actions and judgments involved in divorce.